Tallahassee Community College’s Board of Trustees this week approved a new policy defining a culture of civility and mutual respect on campus.

But not everyone is buying in. Some say examples of what could constitute disrespectful or disruptive behavior oversteps the boundaries of free speech.

Those found in violation — from administrators to vendors — could face disciplinary action, up to getting fired.

The “Civility and Mutual Respect” policy is outlined in nearly four pages covering “a broad range of inappropriate, unacceptable behavior, from rude or obnoxious behavior on one end of the spectrum, to threats of violence and acts of violence on the other,” the document reads.

It goes on to say, “this policy is not intended to deprive any person of his/her right to freedom of expression, but only to maintain, to the extent possible and reasonable, a safe, mutually respectful, harassment-free workplace and learning environment.”

At Monday’s meeting, the vote became an issue with two speakers who challenged wording in the policy, saying it was broad and could unfairly be left in the hands of the administration to determine what encompasses sarcasm, degrading or demeaning speech.

Martin Balinsky, a faculty member and vice president of United Faculty of Florida’s TCC chapter, said portions of the policy attacks free speech.

“My objection is with the subjective language relating to such issues as perceived sarcasm, perceived arrogance, perceived disrespect, perceived degradation, and perceived intention to humiliate,” Balinsky said, lifting from the policy’s list of behaviors that could lead disciplinary action.

Balinsky said, “such onerous and chilling prohibitions based on subjective interpretation are in violation of the First Amendment of the United States Constitution.”

He also told trustees the language could be perceived as a threat to the faculty union, which is currently negotiating its first contract with the college.

Tom Wazlavek, a UFF director representing faculty in contract negotiations, said trustees are setting themselves up for potential lawsuits challenging their intentions.

“This policy is overly broad,” Wazlavek said. “It potentially violates the First Amendment. It leaves too much to interpretation.

“What is your definition of rude? Of profane? How do you define sarcasm? You are going to invite yourself to a lot of litigation,” he told trustees.

TCC trustee Karen Moore, founder of Moore Communications Group, a Tallahassee public relations firm, was the only trustee to respond.

TCC’s Karen Moore was named Trustee of the Year.(Photo: Special to the Democrat)

Moore said she pushed for the policy to create a culture of civility on campus that addresses how people are treated and what is expected in behaviors.

“It’s not in any way intended to challenge your freedom of speech and integrity,” she said.

Jim Crosland, a labor attorney with Bryant Miller Olive who represents trustees in union negotiations, said Monday’s vote applied to everyone except faculty because it is still subject to negotiations. A similar, less-detailed article is being proposed as part of the contract.

James Crosland, an attorney with Bryant Miller Olive, who represents Tallahassee Community College on labor issues.(Photo: Bryant Miller Olive)

“It’s not violating anybody’s First Amendment rights,” he said. “It’s trying to put in a labor agreement that people should be civil.”

TCC President Jim Murdaugh said later the policy was drafted at Moore’s suggestion because the college didn’t have one.

He said civility, along with protection of freedom of speech, is being addressed by colleges across the country.

“There is a tremendous national dialogue on how we talk to each other,” Murdaugh said. “Why would anyone oppose a policy that says we should communicate with each other in a civil, respectful manner?”

Neither Florida State or Florida A&M University has specific policies on civility.

TCC President JIm Murdaugh.(Photo: TCC)

Murdaugh said wording was reviewed by legal counsel and “it is a statement by the board on their intent – it is a goal.”

Addressing comments about vagueness, Murdaugh said there are several terms in law, such as “harassment”, that can be considered vague.

“Nobody is going to be fired for sarcasm,” he said.

At the same time, Murdaugh said, he’s had faculty come to his office “in tears” over treatment by another faculty member.

Barbara Wills, TCC’s chief business officer and vice president for administrative services, said there have been cases of students being disrespectful to employees, and “some other examples of employees being disrespectful to each other.”

Murdaugh said he doesn’t understand the backlash.

“Their opposition is fascinating to me,” he said. “If they suggest we haven’t had faculty being rude to another faculty, that would be a lie.”